Tanzania Case Law

Criminal Appeal No

Court

TANZLII

There was no procedural irregularity that resulted in a miscarriage of justice; the trial court complied with the relevant provisions or any lapses did not prejudice the appellant. The evidence of the child witness, corroborated by the victim's mother, was credible and sufficient to prove the offence beyond reasonable doubt. The appellant's defence was considered and properly rejected.

Source excerpt

• Attempted unnatural offence
• Procedural irregularities
• Child witness evidence
• Right to call witnesses
• Preliminary hearing
• Standard of proof

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JUMA JISANA

Court

TANZLII

The conviction was based on evidence of the child victim that was not properly recorded in compliance with Section 127(2) of the Law of Evidence Act, rendering it inadmissible. The resulting irregularity vitiated the proceedings, requiring the judgment and sentence to be quashed and a retrial ordered.

Source excerpt

• Attempted rape
• Attempted unnatural offence
• Child witness
• Procedure for recording evidence
• Retrial

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CRIMINAL APPEAL NO 626 OF 2022 ISMAIL JUMA SUMAKU VS THE REPUBLIC

Court

TANZLII

The prosecution failed to prove the case beyond reasonable doubt due to unreliable dock identification, improper admission of the cautioned statement, failure to call material witnesses, and material contradictions in prosecution evidence.

Source excerpt

• Attempted unnatural offence
• Visual identification
• Admissibility of evidence
• Burden of proof
• Material witnesses

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maneno katuma vs republic 2015 tzca 488 27 august 2015

Court

TZCA

The evidence adduced by prosecution witnesses corroborated an attempt to commit unnatural offence but did not conclusively establish penetration; thus, the charge of unnatural offence was not proved beyond reasonable doubt. The conviction and sentence for unnatural offence are set aside and substituted with attempted unnatural offence under section 155 of the Penal Code, with a sentence of twenty years imprisonment.

Source excerpt

• Unnatural offence
• Attempted unnatural offence
• Standard of proof
• Corroboration of evidence

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maneno katuma vs republic 2015 tzca 207 26 august 2015

Court

TZCA

Evidence did not conclusively establish penetration or commission of unnatural offence; evidence supported attempted unnatural offence. Conviction and sentence for unnatural offence set aside and substituted with conviction and sentence for attempted unnatural offence.

Source excerpt

• Unnatural offence
• Attempted unnatural offence
• Evidence
• Corroboration
• Standard of proof

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19731201 TZHC Mwanza

Court

TZHC

Two Tanzanian High Court criminal appeals from Bukoba are combined here: one was allowed for conflicting evidence, while the other was dismissed on credible identification evidence.

• Burglary
• Attempted unnatural offence
• Stealing
• Identification evidence
• Credibility of witnesses
• Concurrent sentencing

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